Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Does 2nd Amendment give right to armed revolt?
heraldandnews.com ^ | 13 January, 2013 | Joel Mathis

Posted on 01/14/2013 4:08:51 PM PST by marktwain

The renewed debate over gun rights that has followed the massacre of elementary schoolchildren in Newtown, Conn., has included scrutiny over why gun advocates believe they need a right to bear arms. Among the reasons: Many advocates believe that individual gun ownership helps preserve American liberty, making government fearful of trampling on rights of its citizens. If government goes too far, the argument goes, Americans have the right to revolt by force.

Is that argument correct? Or does it belong to fringe gun enthusiasts?

(Excerpt) Read more at heraldandnews.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: banglist; bloodoftyrants; constitution; govtabuse; guncontrol; revolution; secondamendment; tyranny; youwillnotdisarmus
Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120121-122 next last
To: Pollster1

Okay, I’ll put you down as in the Might Makes Right camp. Good to know.


81 posted on 01/14/2013 5:54:26 PM PST by Tublecane
[ Post Reply | Private Reply | To 66 | View Replies]

To: George from New England

Metal detectors weren’t my idea.


82 posted on 01/14/2013 5:55:16 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
[ Post Reply | Private Reply | To 79 | View Replies]

To: LiveFreeOrDie2001

.”...metal detectors or armed guards/teachers....”

Metal detectors AND armed teachers.

These will be to the schools attempted massacres as reinforced cockpit doors and noncompliance with hijackers were to attempted airline terrorism.

Keep your powder dry.

The voice of the people HAS been heard, there are now in the hands of law abiding citizens enough weapons to supply the armies of china and India COMBINED.

and they are EVERYWHERE.


83 posted on 01/14/2013 5:57:45 PM PST by WildHighlander57 ((WildHighlander57 returning after lurking since 2000))
[ Post Reply | Private Reply | To 63 | View Replies]

To: marktwain
Pitiful that any journalist today would ask such a question. The Constitution does not "give" us any rights whatsoever. It recognizes and acknowledges rights that accrue to us by virtue of our Divine origin; we were created in God's image.

Let no man, or group of men -- and certainly no entity of man's making such as government -- oppress or enslave those whom God has created in His own image. It would be a sin. It would be just as great a sin for those who are enslaved to allow it to happen and thus allow a living image of the Almighty to be defiled.

So we have a Divine right, indeed a Divine duty, to throw off any such shackles. The Framers spoke of it in great specificity and referred to it in the Declaration of Independence, as lots of others have pointed here.

The Constitution doesn't give us the right or duty to throw off the chains of tyranny (that emerges from our special relationship with God). The 2nd Amendment merely attempts to guarantee that we'll have the means to do it if it ever becomes necessary. (just my two-cent opinion)

84 posted on 01/14/2013 5:58:02 PM PST by LibWhacker
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

have the right to revolt by force.

Actually, you have the “obligation” to protect that right.


85 posted on 01/14/2013 6:00:27 PM PST by RetiredTexasVet
[ Post Reply | Private Reply | To 1 | View Replies]

To: WildHighlander57

Time to stand up.

We have a permit on the Mn Capitol steps at Noon this Saturday.


86 posted on 01/14/2013 6:00:51 PM PST by LiveFreeOrDie2001 (Elections have consequences - NOW LOOK what we have to deal with...)
[ Post Reply | Private Reply | To 83 | View Replies]

To: WildHighlander57

Add reinforced doors to the school also


87 posted on 01/14/2013 6:03:37 PM PST by WildHighlander57 ((WildHighlander57 returning after lurking since 2000))
[ Post Reply | Private Reply | To 83 | View Replies]

To: Dan Cooper
"The second amendment doesn’t give any rights. It forbids the federal government from infringing on the natural right to keep and bear arms. "

Can't be repeated enough!

88 posted on 01/14/2013 6:04:05 PM PST by zzeeman ("We can evade reality, but we cannot evade the consequences of evading reality.")
[ Post Reply | Private Reply | To 22 | View Replies]

To: LiveFreeOrDie2001

I am in Texas.

Austin is 5 hours away.

Will try to get there.


89 posted on 01/14/2013 6:11:06 PM PST by WildHighlander57 ((WildHighlander57 returning after lurking since 2000))
[ Post Reply | Private Reply | To 86 | View Replies]

To: marktwain
If government goes too far, the argument goes, Americans have the right to revolt by force.

An argument made by none other than Alexander Hamilton.

In Federalist 29, Hamilton says:


"But though the scheme of disciplining the whole nation must be abandoned as mischievous or impracticable; yet it is a matter of the utmost importance that a well-digested plan should, as soon as possible, be adopted for the proper establishment of the militia. The attention of the government ought particularly to be directed to the formation of a select corps of moderate extent, upon such principles as will really fit them for service in case of need. By thus circumscribing the plan, it will be possible to have an excellent body of well-trained militia, ready to take the field whenever the defense of the State shall require it. This will not only lessen the call for military establishments, but if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist."

Hamilton says that the armed militia is a protection against a despotic government using the army to enslave the people.


If there should be an army to be made use of as the engine of despotism, what need of the militia? If there should be no army, whither would the militia, irritated by being called upon to undertake a distant and hopeless expedition, for the purpose of riveting the chains of slavery upon a part of their countrymen, direct their course, but to the seat of the tyrants, who had meditated so foolish as well as so wicked a project, to crush them in their imagined intrenchments of power, and to make them an example of the just vengeance of an abused and incensed people? Is this the way in which usurpers stride to dominion over a numerous and enlightened nation? Do they begin by exciting the detestation of the very instruments of their intended usurpations? Do they usually commence their career by wanton and disgustful acts of power, calculated to answer no end, but to draw upon themselves universal hatred and execration? Are suppositions of this sort the sober admonitions of discerning patriots to a discerning people? Or are they the inflammatory ravings of incendiaries or distempered enthusiasts? If we were even to suppose the national rulers actuated by the most ungovernable ambition, it is impossible to believe that they would employ such preposterous means to accomplish their designs.

I'd argue that we're seeing today the very "wanton and disgustful acts of power, calculated to answer no end, but to draw upon themselves universal hatred and execration." Obama has been itching for a fight, and he's calculated his actions to specifically spite Republicans and prosperous Americans.

Hamilton said, "If we were even to suppose the national rulers actuated by the most ungovernable ambition, it is impossible to believe that they would employ such preposterous means to accomplish their designs."

It's not impossible to believe anymore.

-PJ

90 posted on 01/14/2013 6:25:36 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: LiveFreeOrDie2001
The kid who did the murders shot out a window and came in that way, IIRC. A metal detector wouldn't have helped in that case.

Also, as I've pointed out before on this forum - remember what happened after Arnold said "I'll be back" in the first Terminator movie. Metal detectors and locked doors won't help against a car.

91 posted on 01/14/2013 6:29:38 PM PST by Hardastarboard (The Liberal ruling class hates me. The feeling is mutual.)
[ Post Reply | Private Reply | To 37 | View Replies]

To: marktwain

There are some underlying considerations to this, which have been hashed out by the Supreme Court over many years, leading to some interesting conclusions.

First, the SCOTUS has determined that the US congress has supremacy over the state legislatures, and that federal courts have supremacy over state courts. But they have *never* found that the president has supremacy over state governors.

In practical terms, this means that if a governor *defies* the order of the POTUS, the *only* means the POTUS has to overcome the governor is the “force of arms”.

Most recently, president Eisenhower sent the 101st Airborne Division to Little Rock, Arkansas, to force integration of the high school, though Bill Clinton’s mentor, governor Orval Faubus, had ordered the state guard to prevent it.

Translate this to today. If Obama ordered unconstitutional gun control by executive order, Republican governors could just reject it, and refuse to allow it to be carried out in their states.

Likewise, the governor could order the arrest of federals who tried to enforce that executive order (which was recently done in Wisconsin, for a different reason.)

Second, county Sheriffs have a unique ability in the law, to invoke posse comitatus, in effect deputizing “every adult person” in the county who can legally be armed.

In effect, Obama would have to order the army to “disarm all law enforcement officers in the county (or state)”, in order to confiscate guns. Not happening.

Likewise, a county Sheriff could also order the arrest of federals who tried to carry out such an executive order.

Which brings up the most important point: since the only way Obama could accomplish his scheme would be to invoke the US Armed Forces, would they obey his commands?


92 posted on 01/14/2013 6:34:13 PM PST by yefragetuwrabrumuy (Best WoT news at rantburg.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

The short answer is no, the 2nd Amendment doesn’t give a right to armed revolt. That right is more fundamental than the 2nd Amendment, because if we didn’t have that right, then we could not make a legitimate constitution, or any legitimate amendments to one. The 2nd Amendment doesn’t actually confer any rights at all, it only compels the government not to trample on some of our pre-existing rights.


93 posted on 01/14/2013 6:50:41 PM PST by Boogieman
[ Post Reply | Private Reply | To 1 | View Replies]

To: Paladin2
It would be wiser still for those in favor of limiting my right to keep and bear to just keep that to themselves. That approach is accompanied by a very favorable prognosis.

Any other approach might could get... messy. IMHO

94 posted on 01/14/2013 7:00:43 PM PST by Gargantua ("Barbie O'Bunga ~ America's First Fly-Strewn, Maggot-Gagging Fag President")
[ Post Reply | Private Reply | To 15 | View Replies]

Comment #95 Removed by Moderator

To: marktwain
"Your enemy is never a villain in his own eyes. Keep this in mind. It may offer a way to make him your friend. And if not you can kill him without hate, and quickly." -- Robert Heinlein
96 posted on 01/14/2013 7:16:11 PM PST by DNME (Without the Constitution, there is no legitimate U.S. government. Period.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
Does 2nd Amendment give right to armed revolt?

LOL! The 2nd Amendment doesn't 'give' us anything, it acknowledges a Natural Law Right we already possess.

Mr. Madison has introduced his long expected amendments... The rights of conscience, of bearing arms, of changing the government, are declared to be inherent in the people.
- Fisher Ames, Letter to F.R. Minoe, June 12, 1789

97 posted on 01/14/2013 7:22:20 PM PST by MamaTexan (To follow Original Constitutional Intent, one MUST acknowledge the Right of secession)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
The Second Amendment and the Preamble to the Bill of Rights
By Robert Greenslade and Claude Ellsworth © Nitwit Press
98 posted on 01/14/2013 7:44:56 PM PST by Svartalfiar
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

The Second Amendment is there to give the Declaration of Independence a chance to be used again.


99 posted on 01/14/2013 7:46:39 PM PST by EricT. (The GOP's sole purpose is to serve as an ineffective alternative to the Democrat Party.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Paladin2

Rope then?


100 posted on 01/14/2013 7:49:52 PM PST by EricT. (The GOP's sole purpose is to serve as an ineffective alternative to the Democrat Party.)
[ Post Reply | Private Reply | To 15 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120121-122 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson